DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lack Group Traffic Pty Ltd
(AG2021/370)

LACK GROUP TRAFFIC PTY LTD AND AWU NSW TRAFFIC CONTROL ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 10 MARCH 2021

Application for approval of the Lack Group Traffic Pty Ltd and AWU NSW Traffic Control Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Lack Group Traffic Pty Ltd and AWU NSW Traffic Control Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lack Group Traffic Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lack Group Traffic Pty Ltd applied for the approval of their 2021 enterprise agreement with the Australian Workers' Union NSW Traffic Control Enterprise. The case was heard in the Fair Work Commission. The primary dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable in terms of its provisions.

The court had to determine if the agreement contained the necessary minimum terms and conditions, whether it was free from any unfair provisions, and if the process leading to the agreement was fair. It was also necessary to establish whether the agreement was genuinely negotiated between the parties and if it was in the best interests of the employees.

The Fair Work Commission found that the agreement did meet the necessary statutory requirements and contained all the essential minimum terms. The court concluded that the provisions were fair and reasonable, and the negotiation process was valid. The commission also determined that the agreement was in the best interests of the employees and was a genuine result of negotiations between the parties. Consequently, the application for approval was granted.

The Fair Work Commission approved the 2021 enterprise agreement between Lack Group Traffic Pty Ltd and the Australian Workers' Union NSW Traffic Control Enterprise. The decision was made on the basis that the agreement met the statutory requirements, contained fair and reasonable provisions, and was genuinely negotiated in the best interests of the employees. The approval of the agreement ensures that both parties are bound by the terms and conditions set out within it.

Lack Group Traffic Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established